Received Lowell court papers and letter from Northants court!! Help please

[Margie009]

filling out my defence now and the template refers to a credit agreement is this the correct one for an o2 contract? thanks

[Margie009]

@slainte caragh found another post that says you're good with the phone companies, from my understanding jaguarsuk doesn't come on here at weekends although they've been super helpful up until now! Im writing out my defence for the about claim... had a few questions wondered if you wouldn't mind helping me too?

1) Point 3 in the example defence refers to a credit agreement but not sure an o2 contract falls under that, is this still the correct doc template for me to use?

2) Point 7 refers to it being statute barred- this contract was taken out on 5th may 2012, defaulted by lowell on 16th nov 2012, so i assume this means its not statute barred so to remove the whole of point 7?

3) a) Point 12 + 13 refer to 77-78 of the Consumer Credit Act 1974, on the template for the CCA request i sent it shows as (SECTIONS 77-79), should i amend this defence template to say 77-79 instead of 77-78? (Sorry to sound stupid)
b) also change point 13 to match this?

4) Section 14, i haven't spoken to lowell so i take it this isn't something i need to fill out, do i remove the whole paragraph or just red writing?


Sorry if you're busy but would greatly appreciate a response if poss so i can get my defence draft posted here before i send it off..

Thanks in advance

Margie009

[Margie009]

I suppose in the meantime i should also post this ...



DEFENCE

1. I received the claim ***** from the Northampton County Court on 6^th April 2018
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a mobile phone agreement regulated under the Consumer Credit Act 1974.
4. It is denied that the Defendant has previously entered into an agreement with O2 Telefonica UK Ltd for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
8. The Claimants statement of case states that the account was assigned from O2 Telefonica UK Ltd to Lowell Portfolio I Ltd on 28/03/13. The Defendant does not recall receiving notice of this assignment.
9. It is denied that O2 Telefonica UK Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
10. On the 25/04/1018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement with O2 (UK) under account ************** and Notice of Assignment].
11. Lowell Solicitors has not sent any of these documents to me.
12. On the 25/04/2018 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply with [s77 (1) / s 79 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 79 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]
15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
16. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
17. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.

I'd really appreciate it if someone could just read over this too and advise me on any amendments..

Thanks again

[Margie009]

@AMETHYST I wonder if i could bump this to you... just to have a look over because i have until tomorrow at 4pm to complete this.. thanks


I have also received a letter from

[Margie009]

Lowell i presume - not been home again this weekend but home at 4pm today, housemate has advised it looks like its from them

[jaguarsuk]

Lowell i presume - not been home again this weekend but home at 4pm today, housemate has advised it looks like its from them

Okay 4pm today is your deadline for filing your Defence due to yesterday being a public holiday, depending on what documents they have sent you will depend on what goes in your defence.

[Margie009]

Im in a panic because im running out of time but really appreciate your response... basically they responded with some letters - think its the notice of assignment but i will paste these pics on to here for your help if you dont mind..

[Margie009]

Here we go...

[Amethyst]

Hiya xx Just having a read back

[jaguarsuk]

Here we go...

You have left your name on the last letter, you should Edit your post to delete it and repost it with name obscured.

[jaguarsuk]

DEFENCE

1. I received the claim ***** from the Northampton County Court on 6^th April 2018
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a mobile phone agreement and handset finance regulated under the Consumer Credit Act 1974.
4. It is denied that the Defendant has previously entered into an agreement with O2 Telefonica UK Ltd for provision of credit.
5. O2 Telefonica UK Ltd "Refresh Plans" are regulated under the Consumer Credit Act 1974 and I believe this to be one of those.
6. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
7. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
8. The Claimants statement of case states that the account was assigned from O2 Telefonica UK Ltd to Lowell Portfolio I Ltd on 28/03/13. The Defendant does not recall receiving notice of this assignment.
9. It is denied that O2 Telefonica UK Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
10. On the 25/04/1018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement with O2 (UK) under account ************** and Notice of Assignment.
11. Lowell Solicitors has not sent copies of the Agreement with O2 (UK) under account ************** to me.
12. On the 25/04/2018 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.
14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
16. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
17. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.

Edited from yours in post #18

If point 5 above is not correct then this:

DEFENCE

1. I received the claim ***** from the Northampton County Court on 6^th April 2018
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a mobile phone agreement.
4. It is denied that the Defendant has previously entered into an agreement with O2 Telefonica UK Ltd.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from O2 Telefonica UK Ltd to Lowell Portfolio I Ltd on 28/03/13. The Defendant does not recall receiving notice of this assignment.
8. On the 25/04/1018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement with O2 (UK) under account ************** and Notice of Assignment.
9. Lowell Solicitors has not sent copies of the Agreement with O2 (UK) under account ************** to me.
10. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
14. It is denied that the Claimant is entitled to the relief as claimed or at all.

[Margie009]

I am still awaiting my SAR from o2 so i take it i should use the 2nd version of my defense you have posted?

Thanks

[jaguarsuk]

I am still awaiting my SAR from o2 so i take it i should use the 2nd version of my defense you have posted?

Thanks

It depends whether you believe there was or was not finance of the handset?

If you don't believe the plan included finance, then the second version is correct.

Also why isn't that letter from O2 on headed paper? I could type that up now and claim it was real.

[Margie009]

Honestly i wouldnt have a clue - i suppose the only way of finding out is to wait for SAR? The contract was taken out april 2012 - if the financed contracts are the refresh ones that upgrade every year then i do not believe it was one of them but cannot be 100% sure.. just done a bit of digging and it looks as though o2 introduced the refresh contracts in april 2013 so after the time this one was taken out...

Ok so the fact this document isnt in o2 headed paper should i amend the defence to note that advising i will not accept that as evidence as its not on headed o2 paper

[jaguarsuk]

Honestly i wouldnt have a clue - i suppose the only way of finding out is to wait for SAR? The contract was taken out april 2012 - if the financed contracts are the refresh ones that upgrade every year then i do not believe it was one of them but cannot be 100% sure.. just done a bit of digging and it looks as though o2 introduced the refresh contracts in april 2013 so after the time this one was taken out...

Ok so the fact this document isnt in o2 headed paper should i amend the defence to note that advising i will not accept that as evidence as its not on headed o2 paper

Then it seems the second version is applicable.

Don't include that in the defence, you can dispute it's validity at the Witness Statement stage.